Case Number: TUR1/1405(2024)

 21 January 2025

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION THAT THE UNION IS NOT ENTITLED TO BE RECOGNISED

The Parties:

RMT

and

TransPennine Trains Ltd

1. Introduction

1)         RMT (the Union) submitted an application to the CAC on 3 May 2024 that it should be recognised for collective bargaining by TransPennine Trains Ltd (the Employer) for a bargaining unit comprising the “Service Delivery Support Managers”.  The CAC gave both parties notice of receipt of the application on 3 May 2024.  The Employer submitted a response to the CAC dated 10 May 2024 which was copied to the Union.

2)         In accordance with section 263 of the Trade Union and Labour Relations (Consolidation) Act 1992 (the Act), the CAC Chair established a Panel to deal with the case.  The Panel consisted of Ms Laura Prince K.C., Panel Chair, and, as Members, Mr. Rob Lummis, and Mr Paul Moloney.  The Case Manager appointed to support the Panel was Kaniza Bibi.

3)         By a decision dated 28 May 2024 the Panel accepted the Union’s application. The parties then entered a period of negotiation in an attempt to reach agreement on the appropriate bargaining unit. An agreement was reached on the bargaining unit on 12 August 2024 as per the Union’s application.

4)         On 16 September 2024, the Panel, satisfied that a majority of the workers constituting the bargaining unit were not members of the Union, gave notice in accordance with paragraph 23(2) of the Schedule that it intended to arrange for the holding of a secret ballot in which the workers constituting the bargaining unit would be asked whether they wanted the Union to conduct collective bargaining on their behalf. The Panel also advised the parties that it would wait until the end of the notification period of ten working days, as specified in paragraph 24(5), before arranging a secret ballot. 

5)         The notification period under paragraph 24(5) of the Schedule ended on 27 September 2024.  The CAC was not notified by either of the parties that they did not want the ballot to be held, as per paragraph 24(2). The parties were also asked for their views on the form the ballot should take.

6)         The Panel directed that Civica Election Services should be appointed as the Qualified Independent Person (QIP) to conduct the ballot.

2. The Ballot

7)         Civica was appointed as QIP on 12 December 2024 to conduct the ballot and the parties were notified accordingly.  The postal ballot papers were despatched on 2 January 2025, to be returned by no later than noon on 15 January 2025, the day that the ballot closed. 

8)         The QIP reported to the CAC on 15 January 2025, that out of eight workers eligible to vote, five ballot papers had been returned: no ballot papers were found to be spoilt. Three workers, that is 60.00% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer.  Two workers, that is 40.00% of those voting, voted to reject the proposal.  The number of votes supporting the proposal as a percentage of the bargaining unit was 37.50%.

9)         The CAC informed the Employer and the Union on 17 January 2025 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

3. Declaration that the Union is not entitled to be recognised

10)       The ballot did not establish that at least 40% of the workers constituting the bargaining unit supported the proposal that the Union should be recognised by the Employer for the purposes of conducting collective bargaining on behalf of the bargaining unit.

11)       In accordance with paragraph 29(4) of the Schedule, the CAC declares that the Union is not recognised as entitled to conduct collective bargaining on behalf of the bargaining unit.

Panel

Ms Laura Prince K.C., Panel Chair

Mr Rob Lummis

Mr Paul Moloney

21 January 2025